Pluralidade jurídica: Sua importância para a sustentabilidade ambiental em comunidades tradicionais

Abstract

It is argued elsewhere in the law literature that in the environment of traditional people, side by side of the officiality, there are several ways of judging, not recognized by the State, but valid, legitimate, effective and forceful. This study aimed to determine the legal characteristics of the socio-environmental relations of a traditional community and their importance for the local socio-environmental sustainability. In this intention, the mechanisms of conflict resolution and compliance with local and officials regulations in a community of fishermen were analyzed. Structured questionnaires, interviews, written documents and systematic observation spot were used for data collection. It was found that an organization based on social customary rights, but also an active relationship with the state, established by law, exist in the studied community. It is possible to conclude that interaction among these two legal systems (customary and State) is an important strategy for the local socio-environmental sustainability, since both provide improvements to the conservation of local natural resources and to the social organization as well.